PARSMAN PHARMACEUTICALS Vs. STATE OF ORISSA AND ORS

JUDGEMENT

(1.) Invariably a tender call finalised by a Public Body is challenged by parties who do not succeed in getting their offer accepted. The dispute at hand is no exception.

(2.) To resolve the dispute, before placing the principle of law as the guiding factor and the decision of this Court on the points raised, it is desirable to state the relevant facts from the pleadings.

(3.) Undisputed facts : Orissa Drugs and Chemicals Limited (in short, 'O.D.C.L.'), opposite party No. 2 is a joint venture organisation promoted by Indian Drugs and Chemicals Limited and Industrial Promotions and Investment Corporation of Orissa Limited. It is a Public Sector Undertaking under immediate supervision of I.P.I.C.O.L., opposite party No. 4, and controlled by the Department of Industries, State Government of Orissa, opposite party No. 1. The Managing Director (in short, 'M.D.') of O.D.C.L. is opposite party No. 8. The O.D.C.L. is set up for manufacturing drugs and chemicals. .It became sick thus it has been registered with the B.I.F.R. A rehabilitation package has been finalised by B.I.F.R. and Industrial Development Bank of India (in short 'I.D.B.I.') has been appointed as the operating agency. During 1997-98 having offered the tender with a hope to get the order from the Department of Women and Child Development, Ministry of Human Resources Development (in short, 'H.R.D. Ministry') to supply about 80,000 I.C.D.S. Kits and being not in a position to manufacture the medicines and to assemble the Kits, the ODCL formed a tender committee for processing and monitoring the trading activities including finalisation of the tenders regarding supply of I.C.D.S. Kits. Annexure-A/2 is the office order constituting the said committee. The tender committee vide its minute Annexure-B/2 decided to invite tenders from outsiders having experience in manufacturing and assembling the full Kits and accordingly eleven parties were selected including the present petitioner and the opposite party No. 5 and notices were issued to them inviting them to offer their quotations in sealed cover. Annexures-1, B/5 and C/2 are the copies of such tender notices dated 7-2-1997. The terms and conditions were incorporated in the said Annexures. Five out of eleven invitees, besides one M/s. Aurochem (India) Private Limited, Noida submitted their offers. On 17-2-1997 the sealed tenders were opened in presence of the four out of six tenderers and a comparative statement Annexure-F/2 was prepared which is quoted herewith.